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Bombay High CourtCA/12735/2019disposed offdismissed for default

Tukaram Bandu Sherkar And Another v. The Executive Engineer Lift Irrigation Division Osmanabad Thr Gmidc Aurangabad And Others

2019-11-08Hon'Ble Shri Justice Mangesh S. Patil2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 118 CIVIL APPLICATION NO.12735 OF 2019 IN FA/859/2016 TUKARAM BANDU SHERKAR AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER LIFT IRRIGATION DIVISION OSMANABAD THR GMIDC AURANGABAD AN ...

Advocate for Applicants : Mr. Deshmukh Vivekanand B. Advocate for Respondents : Mr. S. R. Dehple ...

CORAM : MANGESH S. PATIL, J.

DATE : 08.11.2019 PER COURT :- This is an application fled for withdrawal of amount by the original claimants.

2.

Learned advocate for the claimants submits that in fact this is one of the matters from a group. In other matters this Court by the order dated 06.04.2018 has allowed claimants therein to withdraw the amounts and the same order can be passed in this matter.

3.

Learned advocate for the respondent-Acquiring Body

118 ca 12735-19 .

opposes the request.

4.

Needless to state that when several other claimants, who are similarly situated, have been allowed by this Court to withdraw the amount, even the applicants deserve the same treatment. Therefore, in view of the order dated 06.04.2018 in Civil Application No. 3027 of 2018 in First Appeal No. 856 of 2016, the applicants are allowed to withdraw amount of compensation with the same terms and conditions. 5.

Civil application is accordingly disposed of. (MANGESH S. PATIL, J.) vsm/-